Agenda - 09-05-2000-5b - Laserfiche WebLink

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Action Audits, LLC define how cable operators are to accommodate unaffiliated IS1's to achieve the desire of consumers to have a choice among multiple ISPs offering broadband service. It is no accident that the local and federal governments clearly recognize the critical anti- competitive issues surrounding this merger. Eazly on, many local governments took steps to assure competition on the high speed broadband. Local government authority regarding the ability of a Local Franchise Authority (LFA) to require "open access" was hotly debated by the industry and local governments in the federal courts. It is the intent of the Transfer Resolution to make the MOU a binding agreement, requiring the parties to open the cable modem platform to unaffiliated Internet Service Providers (ISPs). Ordering pazagraph #8 holds AOL TW accountable to the open access provisions contained in the MOU. The language constituting paragraph #8 represents the legal limit local government can exercise in this regazd. Approval of the Transfer Resolution with the conditions contained therein by the Board serves to protect the public interest in a meaningful way. Subsequent enforcement, if necessary, can be achieved through the remedies contained in the franchise agreement. Sincerely, Robert F. Sepe Robert F. Sepe xc: David Permar, Attorney to the Triangle J Council of Governments Action Audits, LLC: Franchise Fee U-Tax Auditing & Telecommunication Administration 101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392 Fax # 919.460.b86$